The trial judge had directed the jury, determining fitness to plead, with an extended formulation of the test, including the appellant’s ability to give evidence, if he wished, in his own defence. This facility had been described to mean that ‘the defendant must be able (a) to understand the questions he is asked in the … Continue reading John M, Regina v: CACD 14 Nov 2003
The defendant appealed out of time from a finding of guilt of rape, having first been declared unfit to plead (through autism), and the consequent Hospital Order. Judges: Openshaw J Citations: [2015] EWCA Crim 2648 Links: Bailii Statutes: Criminal Procedure (Insanity) Act 1964 4(5) Jurisdiction: England and Wales Crime Updated: 29 March 2022; Ref: scu.543087
[2003] EWCA Crim 1625 Bailii Criminal Procedure (Insanity) Act 1964 4(5) England and Wales Criminal Practice Updated: 04 January 2022; Ref: scu.346296
The appellant, accused of several rapes but found unfit to plead and made subject to a hospital order, appealed saing that his police interview had been wrongly admitted, and that the judge had failed to give a Lucas direction. Fulford LJ, Cox J, Wait J [2013] EWCA Crim 2329 Bailii Sexual Offences Act 2003, Criminal … Continue reading Swinbourne, Regina v: CACD 10 Dec 2013
The claimant appealed dismissal of his claim for wrongful imprisonment having been detained in 1997 on being found unfit to plead to an offence of violence. Held: Parliament had a legitimate concern for the protection of the public, and defendants themselves, from persons whom it would be unfair to try because they have insufficient understanding … Continue reading Juncal, Regina (on the Application of) v Secretary of State for the Home Department and others: CA 25 Jul 2008
A jury had found, under section 4(5) of the 1964 Act as amended, that the defendant was unfit to plead. The court considered section 5 of the 1964 Act.
Held: A judge of the Crown Court is obliged under the section to make a mandatory order . .
